Date: 20030501
Docket: A-258-01
Neutral Citation: 2003 FCA 200
Between:
and
ASSESSMENT OF COSTS - REASONS
FRANÇOIS MARTIN, ASSESSMENT OFFICER
[1] This is an assessment of costs following a judgment dated October 22, 2002, by Desjardins, Noël and Pelletier JJ.A. dismissing the application for judicial review of the applicant with costs.
[2] Counsel for the respondent filed her bill of costs on January 13, 2003, and requested that a decision be made without personal appearance of the parties.
[3] A letter was sent to the parties setting out a timetable, and their written representations were filed in accordance with it.
[4] Johanne Bernard, who is representing herself in this matter, states in her representations that she disputes the bill of costs. She submits that there was no hearing to determine the accuracy or authenticity of the amounts claimed. Ms. Bernard also disputes the fact that counsel for the respondent claimed the maximum number of units for each of the items in her bill of costs.
[5] A request was made that the costs be assessed without a hearing. I agree with the representations of the respondent that the bill of costs contains all the necessary information, and that a hearing with the personal appearance of the parties is therefore not warranted in the circumstances.
[6] Regarding the fees claimed by the respondent, I do not believe that requesting the maximum number of units for all the items listed is justified. After reviewing the documents filed and the transcript of the hearing held on October 22, 2002, I will allow 5 units for preparation of the respondent's record ($550), 3 units for preparation for the hearing ($330) and 2 units for the counsel fee at the hearing ($220). Given the simplicity of the bill of costs, 3 units will be allowed ($330) for preparing it.
[7] With the exception of the cost requested for photocopies, the disbursements are allowed as claimed. Counsel for the respondent referred to the decision of Mr. Justice Pelletier dated November 22, 2002, in Migneault v. Canada (A-368-02) to justify the cost of 40 cents per page. The order of Pelletier J. was made on a motion by the respondent to strike the appellant's appeal or, in the alternative, to amend the appeal book filed by the appellant at his expense. Pelletier J. ordered the Attorney General to amend the appeal book by including an affidavit and the exhibits thereto at the appellant's expense. In his order, Pelletier J. referred to the standard cost of photocopies as 40 cents a page.
[8] The cost of 40 cents a page is provided in the Federal Court Rules. However, it is common practice for the assessment officer to grant an amount of 25 cents per page on an assessment of costs. I particularly refer counsel for the respondent to Maloney v. Canada, [1989] 1 C.T.C. 213 and to a decision of Assessment Officer Lamy in Lavoie v. Canada (Attorney General), [2001] F.C.J. No.122.
[9] In light of the foregoing, the respondent's costs are assessed and allowed in the amount of $1,717.26. A certificate is issued in this amount.
Signed: "François Martin" FRANÇOIS MARTIN
ASSESSMENT OFFICER
MONTRÉAL, QUEBEC
May 1, 2003
Certified true translation
Mary Jo Egan, LLB
FEDERAL COURT OF CANADA
APPEAL DIVISION
SOLICITORS OF RECORD
DOCKET: A-258-01
Between:
Applicant
AND
ATTORNEY GENERAL OF CANADA
Respondent
ASSESSMENT OF COSTS WITHOUT PERSONAL APPEARANCE
PLACE OF ASSESMENT: Montréal, Quebec
REASONS OF FRANÇOIS MARTIN, ASSESSMENT OFFICER
DATED: May 1, 2003
SOLICITORS OF RECORD:
Deputy Attorney General of Canada for the respondent
Ottawa, Ontario